Role Children Can Play in Divorce Decisions


Most of us really feel that children are crucial assets in our lives. They characterize our love, our future, and to many people our highest achievement. We need to protect them in all ways, and their happiness, health, and schooling are primary concerns. So how can children help us in make divorce decisions that relate specifically to them?

Listen to Your Children

Almost any trainer or psychologist will tell you that probably the most vital things you can do with your child is to listen to them. Children can tell us what they want and want, we just must ask after which listen to their response. Even younger children might be capable of expressing their desires. After all, the age of the child is a deciding factor as to how much enter a child can provide in court. In California, most courts accept age 14 as the age when a child can address the court (provided the court has decided it is within the child’s greatest curiosity), to precise their preferences concerning custody and visitation.

Make a Parenting Plan

Making a parenting plan is an efficient way to make choices referring to children. Mother and father work on the plan together and should need to include their children, when and if appropriate. The plan should embrace Legal Custody, Physical Custody and Parenting Time (time-share or visitation); It should specify if legal and physical custody is joint (each dad and mom share responsibilities) or sole (one dad or mum has all responsibility). Making it in your own is great should you can each agree on the issues, but if you can’t, an experienced mediator will help you resolve any disagreements about custody, child care and assist, in an environment that helps love and a commitment to family.

Child Assist

Federal tax rules are very clear when it involves child support and taxes. For federal income tax functions, child support is always tax-free. This means that neither the custodial parent who receives child help payments, nor the child, owes any taxes on those payments. As for the non-custodial mum or dad who makes these child assist payments, they don’t seem to be categorised as tax-deductible. One crucial consideration for custodial mother and father is to make certain that those month-to-month payments are specifically designated as “child support” in the last divorce agreement, also known as marital separation agreement (MSA). Child assist payments should be fully separated from spousal help payments and never lumped together as “household support”. This is a crucial step to comply with for one main reason: while child support is tax-deductible, spousal support is considered earnings and taxable. The ultimate agreement between parents needs to be very clear on figuring out which payments are for child assist and which ones are for spousal help, in order that custodial mother and father don’t expertise pointless tax burdens.

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